Amending The Constitution: A Difficult But Not Impossible Task

Amending a constitution is a difficult and time-consuming process. The US Constitution, for example, has only been amended 27 times since 1787. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of the state legislatures. Alternatively, two-thirds of state legislatures could request Congress to call a Constitutional Convention, although this has never happened. Other countries have different processes for amending their constitutions. For instance, in Turkey, a law on constitutional amendment can be passed by a two-thirds majority of the Grand National Assembly, or it can be submitted to a referendum by the President. In Albania, a proposed amendment must be approved by two-thirds of the Assembly members and can then be voted on in a referendum. The process of amending a constitution varies, but it is generally a challenging endeavour.

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Amendments proposed by Congress

The authority to amend the US Constitution is derived from Article V of the Constitution. The process of amending the Constitution is intentionally difficult and time-consuming. Since the Constitution was drafted in 1787, it has been amended only 27 times, including the first 10 amendments, which were adopted in 1791 as the Bill of Rights.

Amendments to the US Constitution may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in the amendment process. Once an amendment is passed by Congress, it is forwarded directly to the National Archives and Records Administration (NARA) for processing and publication. The Archivist of the United States, who heads NARA, is responsible for administering the ratification process.

A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action. The Archivist does not make any substantive determinations as to the validity of State ratification actions, but their certification of the facial legal sufficiency of ratification documents is final and conclusive.

In most jurisdictions, amendments to a constitution take the form of revisions to the previous text. Thus, once an amendment has become law, portions of the original text may be deleted or new articles may be inserted among existing ones. The second, less common method is for amendments to be appended to the end of the main text in the form of special articles of amendment, leaving the body of the original text intact.

Amendments proposed by a constitutional convention

The United States Constitution outlines two methods for proposing amendments, as per Article V of the Constitution. One of these methods is through a constitutional convention, which involves a two-thirds majority vote in both the House of Representatives and the Senate. This process has never been used to propose an amendment, with all 27 amendments to date being proposed by Congress.

The process of proposing amendments through a constitutional convention begins with the state legislatures. Two-thirds of state legislatures, or 34 out of 50 states, must call for a convention. This request is made to Congress, which is then required to call for a convention to propose amendments. This convention method provides an alternative pathway for states to initiate constitutional changes, bypassing the need for direct congressional involvement in the initial stages.

The role of Congress in this process has been a subject of debate. While Congress is mandated to call a convention upon the request of two-thirds of the states, there is discussion about the extent of its discretion. Some scholars argue that Congress might use its discretion to determine whether to allow limited conventions, even if two-thirds of the states request the same. Additionally, there are differing opinions on whether Congress can refuse to submit a proposed amendment to the states for ratification.

The convention itself raises several questions. Scholars have debated how delegates to the convention should be chosen, who should set the rules of procedure, what the vote threshold should be for proposing an amendment, and how voting rights should be apportioned among the states. These considerations highlight the complexities and uncertainties surrounding the convention method for proposing amendments.

Once an amendment is proposed through a constitutional convention, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. The ratification process involves the Archivist of the United States and the Director of the Federal Register, who are responsible for administering and reviewing ratification documents. When the required number of authenticated ratification documents is received, a formal proclamation is drafted, certifying that the amendment is valid and has become part of the Constitution.

State constitutions are easier to amend

Amending the US Constitution is a challenging and lengthy process. It requires a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of the state legislatures. The US Constitution has only been amended 27 times, with the last amendment being ratified over 30 years ago.

In contrast, state constitutions are much easier to amend, and they offer multiple paths for doing so. State legislatures generate more than 80% of constitutional amendments, and states vary in their requirements for legislatures to craft amendments. Some require a simple majority, while others mandate supermajority legislative support, with 25 states requiring a three-fifths or two-thirds supermajority. Additionally, 18 states allow for citizen-initiated constitutional amendments, with varying requirements for the number of signatures needed. For example, Arizona and Oklahoma require 15% of the votes cast in the last gubernatorial election, while Massachusetts only requires 3%.

The frequency of state constitutional amendments varies, with Alabama, Louisiana, South Carolina, Texas, and California amending their constitutions more than three to four times per year, on average. On the other hand, Tennessee, Kentucky, Indiana, Illinois, and Vermont amend their constitutions once every three to four years, on average. Overall, state constitutions have been amended around 7,000 times, with an average of 115 amendments per state.

State constitutions are also structurally different from the federal constitution. They are nearly four times longer, with detailed provisions on various topics. For example, the Alabama constitution has over 350,000 words and hundreds of amendments. The ease of amending state constitutions allows for more frequent revisions and updates to reflect the changing needs and priorities of each state.

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Citizen-initiated amendments

The process of amending the Constitution of the United States is a difficult and time-consuming task, as the framers intended. The Constitution has been amended only 27 times since it was drafted in 1787, and none of these amendments have been proposed by a constitutional convention. Citizen-initiated amendments, also known as initiated constitutional amendments (ICAs), are a way for citizens to directly or indirectly propose changes to their state's constitution. While ICAs do not amend the U.S. Constitution, they demonstrate a form of citizen-initiated amendment process.

ICAs are allowed in 17 or 18 states, with varying procedures for qualifying amendments for the ballot. In most of these states, amendment proponents must gather a certain number of signatures in support of holding a vote on the amendment. The number of signatures required varies by state, with Arizona and Oklahoma requiring 15% of the votes cast in the last gubernatorial election, and Massachusetts requiring only 3%. Some states also have geographic distribution requirements for signature collection, such as collecting signatures from a certain percentage of registered voters in each state senate district.

Once supporters meet the signature requirements and other legal requirements, the amendment is placed on the ballot. In direct ICAs, the initiative goes directly to the voters, while in indirect ICAs, it goes to the state legislature first, which can take various actions on the proposal before sending it to the voters. On average, citizen-initiated amendments account for fewer than 2 out of every 10 amendments adopted each year, although states like California and Colorado consider them at a faster pace.

While the process for citizen-initiated amendments to state constitutions exists in several states, it is important to note that the process to amend the U.S. Constitution remains a challenging task. As previously mentioned, amendments to the U.S. Constitution can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures. After an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.

Amendments take the form of revisions

Amending the US Constitution is a challenging and time-consuming process. Since it was drafted in 1787, there have only been 27 amendments, indicating the framers' intention for the document to "endure for ages to come". Amendments take the form of revisions, and there are two methods by which they can be made.

The first and most common method is to revise the existing text. This involves deleting portions of the original text or inserting new articles among the existing ones. This approach allows for a dynamic and evolving constitution, where outdated provisions can be removed and new ones added to reflect the changing needs and values of society. However, it also requires a careful understanding of the existing text to ensure that any revisions are consistent with the overall framework and principles of the constitution.

The second method, less commonly used, is to append the amendment to the end of the main text as a special article. This approach leaves the body of the original text intact, which can be advantageous when dealing with particularly complex or controversial issues that may not easily fit within the existing structure. While this method respects the original text, it also introduces the potential for conflict between different articles and provisions. The doctrine of implied repeal applies in such cases, giving precedence to the article of amendment over the original text or earlier amendments.

In the US, there are two ways to initiate the amendment process. The first is through Congress, which requires a two-thirds majority vote in both the House of Representatives and the Senate. Notably, the President does not have a constitutional role in this process. The second method is through a constitutional convention called for by two-thirds of the state legislatures. However, in practice, all amendments to date have been proposed by Congress, and no constitutional convention has yet been convened.

Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) before it can become part of the Constitution. This can be achieved through state legislatures or state conventions, depending on the instructions from Congress. The process of ratification is administered by the Archivist of the United States, who follows established procedures and customs. The final step is a formal proclamation certifying that the amendment is valid, which is published in the Federal Register and U.S. Statutes at Large.

While amending the US Constitution is deliberately challenging, state constitutions offer more flexible amendment processes. State legislatures generate the majority of state constitutional amendments, and some states also allow for citizen-initiated amendments or amendments through constitutional commissions. The ease of amending state constitutions is reflected in the high number of amendments, with some states amending their constitutions several times a year.

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